Intellectual Property Rights from Publicly Financed Research and
R 385
Regulation of Interception of Communications and Provision of Communication-Related Information Act, 2002 (Act 70 of 2002)Chapter 3 : Applications for, and issuing of, directions and entry warrants17. Application for, and issuing of, real-time communication-related direction |
| (1) | If no interception direction has been issued and only real-time communication-related information on an ongoing basis is required, an applicant may apply to a designated judge for the issuing of a real-time communication-related direction. |
| (2) | Subject to section 23(1), an application referred to in subsection (1) must be in writing and must — |
| (a) | indicate the identity of the— |
| (i) | applicant; |
| (ii) | customer, if known, in respect of whom the real-time communication related information is required; and |
| (iii) | telecommunication service provider to whom the real-time communication- related direction must be addressed; |
| (b) | specify the ground referred to in subsection (4) on which the application is made; |
| (c) | contain full particulars of all the facts and circumstances alleged by the applicant in support of his or her application; |
| (d) | include— |
| (i) | a description of the type of real-time communication-related information that is required; and |
| (ii) | the basis for believing that evidence relating to the ground on which the application is made will be obtained through the provision of the real-time communication-related information; |
| (e) | indicate whether the real-time communication-related information must be— |
| (i) | routed to a designated interception centre specified in the application; or |
| (ii) | provided to the law enforcement agency concerned; |
| (f) | indicate the period for which, and the manner in which, the real-time communication-related information is required to be provided; |
| (g) | indicate whether any previous application has been made for the issuing of a real-time communication-related direction in respect of the same customer or real-time communication-related information specified in the application and, if such previous application exists, must indicate the current status of that application; and |
| (h) | comply with any supplementary directives relating to applications for real-time communication-related directions issued under section 58. |
| (3) | Notwithstanding section 12 or anything to the contrary in any other law contained, a designated judge may, upon an application made to him or her in terms of subsection (1), issue a real-time communication-related direction. |
| (4) | A real-time communication-related direction may only be issued if it appears to the designated judge concerned, on the facts alleged in the application concerned, that there are reasonable grounds to believe that— |
| (a) | a serious offence has been or is being or will probably be committed; |
| (b) | the gathering of information concerning an actual threat to the public health or safety, national security or compelling national economic interests of the Republic is necessary; |
| (c) | the gathering of information concerning a potential threat to the public health or safety or national security of the Republic is necessary; |
| (d) | the making of a request for the provision, or the provision to the competent authorities of a country or territory outside the Republic, of any assistance in connection with, or in the form of, the interception of communications relating to organised crime or any offence relating to terrorism or the gathering of information relating to organised crime or terrorism, is in— |
| (i) | accordance with an international mutual assistance agreement; or |
| (ii) | the interests of the Republic's international relations or obligations; or |
| (e) | the gathering of information concerning property which is or could probably be an instrumentality of a serious offence or is or could probably be the proceeds of unlawful activities is necessary, and that the provision of real-time communication-related information is necessary for purposes of investigating such offence or gathering such information. |
| (5) | A real-time communication-related direction— |
| (a) | must be in writing; |
| (b) | must contain the information referred to in subsection (2)(a)(ii) and (iii), (d)(i) and (e) |
| (c) | may specify conditions or restrictions relating to the provision of real-time communication-related information authorised therein; and |
| (d) | may be issued for a period not exceeding three months at a time, and the period for which it has been issued must be specified therein. |
| (6) | Section 1 6(3) and (7) applies, with the necessary changes, in respect of an application for, and the issuing of, a real-time communication-related direction. |
